Citation Nr: 18152646 Decision Date: 11/23/18 Archive Date: 11/23/18 DOCKET NO. 16-50 277 DATE: November 23, 2018 ORDER An effective date prior to September 10, 2014, for the grant of service connection for unspecified trauma/stressor related disorder with unspecified depressive disorder (also diagnosed as subsyndromal posttraumatic stress disorder (PTSD) and PTSD) is denied. FINDINGS OF FACT 1. An August 1998 rating decision denied service connection for PTSD; a timely notice of disagreement (NOD) was not received and no new and material evidence was received within the appellate period. 2. On September 10, 2014, VA received a request to reopen the claim of entitlement to service connection for PTSD. CONCLUSION OF LAW The criteria for entitlement to an effective date prior to September 10, 2014, for the grant of service connection for unspecified trauma/stressor related disorder with unspecified depressive disorder (also diagnosed as subsyndromal PTSD and PTSD) have not been met. 38 U.S.C. §§ 5101, 5107, 5110; 38 C.F.R. §§ 3.102, 3.151, 3.155, 3.400. REASONS AND BASES FOR FINDINGS AND CONCLUSION The Veteran served on active duty from January 1968 to January 1970. This matter comes before the Board of Veterans’ Appeals (Board) on appeal from an October 2015 rating decision issued by a Department of Veterans Affairs (VA) Regional Office (RO). Entitlement to an effective date prior to September 10, 2014, for the grant of service connection for unspecified trauma/stressor related disorder with unspecified depressive disorder (also diagnosed as subsyndromal PTSD and PTSD). Generally, the effective date for the grant of service connection will be the day following separation from active service or the date entitlement arose, if the claim is received within one year after discharge from service. Otherwise, for an award based on an original claim, claim reopened after a final disallowance, or claim for an increased rating, the effective date is the date of receipt of the claim or the date entitlement arose, whichever is later. 38 U.S.C. § 5110(a); 38 C.F.R. § 3.400. Effective March 24, 2015, claims are required to be filed on standard forms, thus eliminating constructive receipt of claims and informal claims. See 79 Fed. Reg. 57,660 (Sept. 25, 2014). This case involves dates prior to March 24, 2015, so the regulations in place prior to that date are applicable and are referred to in this section. Prior to March 24, 2015, a “claim” is defined broadly to include a formal or informal communication in writing requesting a determination of entitlement or evidencing a belief in entitlement to a benefit. 38 C.F.R. § 3.1(p). A claim for VA compensation must generally be in the form prescribed by the VA Secretary. See 38 U.S.C. § 5101(a); 38 C.F.R. § 3.151(a). Any communication or action, however, received from the claimant, or certain specified individuals on the claimant’s behalf, that indicates intent to apply for a benefit, and identifies that benefit, may be considered an informal claim. 38 C.F.R. § 3.155(a). When there is an approximate balance of positive and negative evidence regarding any issue material to the determination of a matter, all reasonable doubt will be resolved in favor of the claimant. 38 U.S.C. § 5107; 38 C.F.R. § 3.102; see Gilbert v. Derwinski, 1 Vet. App. 49, 57-58 (1990). After reviewing the relevant evidence and applying the above laws and regulations, the Board finds that an effective date prior to September 10, 2014, for the grant of service connection for unspecified trauma/stressor related disorder with unspecified depressive disorder (also diagnosed as subsyndromal PTSD and PTSD) is not warranted. In November 1997, VA received the initial claim of entitlement to service connection for PTSD. In December 1997, VA received an application for compensation, claiming entitlement to service connection for nerves and PTSD. In January 1998, a VA examiner provided a diagnosis of PTSD. The VA examiner did not indicate that any other acquired psychiatric disorders were present at that time. 01/10/1998, VA Examination. An August 1998 rating decision denied service connection for PTSD. The rating decision acknowledged the diagnosis of PTSD, but noted that the Veteran did not respond to the request to provide details regarding the claimed stressors in order to enable VA to corroborate the claimed stressors. The Veteran did not file a timely NOD and no new and material evidence was received within the appeal period; therefore, the August 1998 decision became final. 38 U.S.C. § 7105; 38 C.F.R. §§ 3.104, 3.156(b), 20.1103. On September 10, 2014, VA received a request to reopen the claim of entitlement to service connection for PTSD. 09/10/2014, Supplemental Claim. In March 2015, a VA examiner provided diagnoses of unspecified trauma/stressor related disorder and unspecified depressive disorder. The examiner explained that the Veteran’s symptoms initially met the criteria for PTSD, but that since going on medication, the Veteran’s symptoms have vastly improved, and thus he no longer meets the criteria for PTSD due to lack of avoidance and other identifiers. The examiner characterized the Veteran’s acquired psychiatric disorder as subsyndromal PTSD, as he no longer meets the criteria for a diagnosis of PTSD, but still has other psychiatric symptoms. 03/09/2015, C&P Exam. The Board finds this to be competent and probative evidence that preponderates in favor of finding that the currently diagnosed unspecified trauma/stressor related disorder, unspecified depressive disorder, and subsyndromal PTSD are a continuation of PTSD diagnosed in January 1988. An April 2015 rating decision declined to reopen the claim of entitlement to service connection for PTSD, and the Veteran appealed the denial. An October 2015 rating decision reopened the claim and granted service connection for unspecified trauma/stressor related disorder with unspecified depressive disorder (also diagnosed as subsyndromal PTSD and PTSD), and assigned a 50 percent rating effective September 10, 2014, the date VA received the petition to reopen the claim of entitlement to service connection for PTSD. (Continued on the next page)   The Board has reviewed the record but has not found any formal or informal written communication that could be construed as a petition to reopen the claim of entitlement to service connection for PTSD prior to September 10, 2014, and after the August 1998 rating decision; thus, an effective date prior to September 10, 2014, for the grant of service connection for unspecified trauma/stressor related disorder with unspecified depressive disorder (also diagnosed as subsyndromal PTSD and PTSD) is not warranted. See 38 C.F.R. § 3.155(a). The Board finds that the currently assigned effective date of September 10, 2014, is proper based on the application of the above facts to the applicable laws and regulations, as noted above. Paul Sorisio Veterans Law Judge Board of Veterans’ Appeals ATTORNEY FOR THE BOARD J.A. Gelber, Associate Counsel